Overview of Drunk Driving

Zero Tolerance laws prohibit people from driving while they have any measurable quantity of alcohol in their blood. The lowering of the legal blood-alcohol content (BAC) to .08 means your chances of being arrested if you drink and drive have increased, in which case you would need a skilled and experienced DUI attorney.

Experienced Fort Collins Criminal Defense Lawyers

Attorneys Geri Joneson and Rachel Michael are former prosecutors who now defend people charged with DUI, DWAI, Misdemeanors and Felony Offenses. As your attorney, they will vigorously represent you in criminal court and before the Colorado DMV.

The attorneys listen to their clients, thoroughly review their cases and develop the best possible approach or defense. They have devoted their careers to Criminal Law and DUI/DWAI defense. As former prosecutors and now a criminal defense lawyers, they have the distinct ability to understand complex legal issues.

The following provides general information about drunk driving charges. For more information about Colorado laws, visit our
DUI/DWAI/UDD Defense page. To schedule a free initial consultation, call 970-482-6000 or fill out the
Contact form on this website.

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Too often, district attorneys take a cookie-cutter approach to the law. They think every
DUI/DWAI case is the same and should be treated the same. That is not true because the person charged is different and the circumstances are different.

Drunk Driving - An Overview

If you have been stopped for, arrested for or charged with drunk driving, contact Joneson & Michael, LLC in Fort Collins, Colorado, as soon as possible to discuss your options and rights with an attorney who has experience handling drunk-driving cases.
Drunk-driving law is complex and the guidance of a skilled and knowledgeable lawyer can make a significant difference in a defendant's experience and in the outcome of his or her case.

Each U.S. state has its own set of drunk-driving laws, and in some states drunk driving is a crime, while in others it is classified as a traffic offense. While drunk-driving laws do differ among the states, there are certain concepts and features common to most states' drunk-driving jurisprudence. As we all know, operating a motor vehicle after consuming alcohol and/or drugs to a degree that impairs a person's judgment and ability to drive safely is a serious offense. Both criminal and civil penalties for drunk driving can be harsh and often include:

In addition, the social stigma and effect on your career may have lifelong negative consequences.

Terminology and Elements of Drunk Driving

The offense of drunk driving goes by a variety of names among the states, including:

Driving under the influence (DUI)

Driving while intoxicated (DWI)

Operating under the influence (OUI)

Operating while intoxicated (OWI)

Driving under the influence of intoxicants (DUII)

Driving while under the influence (DWUI)

Driving while ability impaired (DWAI)

Driving under the influence of drugs (DUID)

In the language of the various state statutes, a drunk-driving conviction requires driving or operating a vehicle or motor vehicle. While that sounds straightforward, a review of drunk-driving cases shows otherwise.

Driving Requirement

The requirement of driving or operating implies that the driver must have some sort of control or command of the vehicle. Guilt or innocence may hang on whether the defendant was actually "driving" in a particular circumstance. What if he or she was just sitting behind the wheel of a car but it was turned off? What if the defendant was sleeping there? What if the keys were in the defendant's pocket and not in the ignition? What if that car was out of gas and could not be started? What if it was idling? What if it was being towed? Courts nationwide have considered various scenarios to determine whether the necessary control over the vehicle was present and the outcomes vary by state and by the individual circumstances.

Vehicle Requirement

Cars, trucks and vans are obviously considered to be vehicles for drunk-driving law purposes. However, people have been convicted of drunk driving while operating motorboats, mopeds, dirt bikes, snowmobiles, electric wheelchairs, golf carts, bicycles and ATVs, although the types of vehicles contemplated differ by state.

Intoxication

One way prosecutors prove driver intoxication is through scientific testing of the amount of alcohol in the body, usually by analyzing the breath or blood. These tests are usually administered by machines, such as the Breathalyzer® or Intoxilyzer 5000. In every state, a person with a blood alcohol concentration (BAC) over 0.08 is considered legally intoxicated. However, even a BAC over .05 is enough to convict for a DUI in some states.

If a person takes advantage of the privilege of driving, he or she automatically consents to state-administered chemical testing to determine his or her BAC. If a driver refuses to take a chemical-alcohol test, his or her driver's license may be revoked or suspended.

BAC test results over the legal limit are usually presumed to be proof of intoxication. However, defendants may challenge the conclusiveness of the results by showing irregularities in the test administration procedure or problems with the test equipment. For example, your lawyer may advise retesting of your blood sample tubes. He or she may be able to obtain exclusion of the original blood test results from the case or even dismissal of the case entirely.

Other types of evidence used by prosecuting attorneys to show intoxication include drivers' statements, witness and police observations of behavior and driving patterns and circumstantial evidence. An example of possibly relevant circumstantial evidence is that a defendant, before driving, spent the afternoon at a party where drinking games were played.

Police also gather important evidence of intoxication by administering standard field sobriety tests (FSTs) at the scenes of traffic stops. Common field sobriety tests include:

Finger-to-nose test

One-legged stand

Walk-and-turn test

Horizontal-gaze-nystagmus test

Picking up coins

Counting backwards

Reciting the alphabet

Throwing and/or catching a ball

Defendants may challenge the validity of FST results by showing irregularities in the test administration procedure or other problems with the test.

Speak to a Drunk Driving Defense Lawyer

Driving is the basis of the American lifestyle, permeating every activity we do. We rely on driving to get to work, to socialize, to run errands and to vacation. Licensed drivers transport children, people with disabilities and senior citizens to important appointments and activities. A drunk-driving conviction can bring a screeching halt to your life.
If you face a potential problem with drunk driving, a lawyer at Joneson & Michael, LLC in Fort Collins, Colorado, can fight for you and help protect your interests and those of your family and loved ones.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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Defense attorneys Geri Joneson and Rachel Michael represent clients who face criminal and Traffic Offenses in Fort Collins, Loveland, Windsor, Greeley, Wellington, Longmont, Larimer County, Weld County and Boulder County in northern Colorado. They represent students who are charged with crimes at Colorado State University, University of Northern Colorado, University of Colorado in Boulder, and Front Range Community College.